( 1 ) THIS is a Letters Patent appeal arising out of a second appeal. The heirs and legal representatives of the defendant No. 1 are the appellants before us.

( 2 ) THE plaintiff-respondent instituted a suit for a declaration that C. S. Khatian No. 164 of mouza Chalk Baidyabati recording a jama of Rs. 91 in respect of the land and the tank in the names of the defendants as tenants under the plaintiff was erroneous and also for a declaration of the plaintiff's khas dakhali title to the said tank and the land in the aforesaid khatian except 0. 27 acres of land on the bank of the tank in plot No. 823 which appertained to the defendants' jama of Ra 30. The trial court as well as the lower appellate court found in favour of the plaintiff and accordingly decreed the suit. The courts below also found that the garden and the tank in question had come in khas possession of the plaintiff in the year 1322 B. S. and since then Ambika Dholey possessed the same as an agent of the plaintiff and after the death of Ambika the defendants had been possessing the same as agents of the plaintiff. It was also found that 0. 27 acres of land on the bank of the tank in plot No. 823 appertained